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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13772
Experience:  Solicitor
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My children have been victim of an incident where their

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My children have been victim of an incident where their father and another party have been charged with performing sexual acts in front of them. This has been very damaging and horrific for them both. Is there anything I can do legally for them to claim compensation?
Assistant: Where is this? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have been taken so far?
Customer: both parties have been charged and we are awaiting plea hearing
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No I don’t think so

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

How much are you seeking to claim? I dont think you would get more than £25,000 or so.

Customer: replied 4 days ago.
I haven’t even thought about it
It was victim support Scotland that had mentioned it
Customer: replied 4 days ago.
Both my children are victims
Age 10 & 15

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the Ordinary Cause Court. You can do this by completing forms and take it to your local County Court.

https://www.scotcourts.gov.uk/taking-action/ordinary-cause

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £5,000 or less it will be a simple claim so you will not need legal representation. Over this value, you would need representation for trial. But as you are claiming more than this then you may need representation.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 days ago.
Thanks I will keep this in mind after the trial and conviction

Great. Can I assist with anything else today?
Note I am not paid until you rate.

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